NORWAY Law and Practice Contributed by: Elin Moen, Arne Torsten Andersen, Helge Stemshaug and Beret Sundet, BAHR
3.9 Pre-Notification Discussions With Authorities Pre-notification is generally not required in Nor - way and does not typically occur for simple cas - es. In contrast, pre-notification is normal (though not strictly necessary) for complicated cases – eg, cases with potential competition concerns or complicated market structures/dynamics. Parties are not required to provide a draft notifi - cation to the NCA ahead of filing but may submit a draft as part of any pre-notification discussions with the NCA. Pre-notification discussions are held in full con - fidentiality until notification is submitted unless the transaction is otherwise known to the pub - lic, the parties consent to the NCA reaching out to third parties, or in other exceptional circum - stances. 3.10 Requests for Information During the Review Process The NCA has the power to request information at any stage during the review process, also during a possible pre-notification process. In simpler cases, requests are not usual, and are normally limited to short clarifications on specific points. In contrast, several extensive requests for infor - mation and data should be expected in compli - cated cases. In such cases, requests for inter - nal documents are also usual. Such requests are normally comprehensive and cover all types of internal documents from e-mails to board documents that contain information potentially relevant for the case – eg, information related to the affected markets, competition, the notified transaction, etc. The NCA typically sends its requests in writing and provides a deadline. The NCA issuing an RFI does not automatically “stop the clock”. How -
ever, the NCA may reserve the right to pause the review timeline if the requested information is not
provided by the NCA’s deadline. 3.11 Accelerated Procedure
There is a simplified procedure (short-form notifi - cation) for certain concentrations. This includes: • specific joint ventures (see 2.10 Joint Ven- tures ); • concentrations where no horizontal or vertical overlap exists between the parties’ busi - nesses; • concentrations where there is horizontal over - lap, but the parties’ combined market share is below 20%; and • concentrations where there is a vertical over - lap, but the parties’ combined market share is below 30%. If the NCA finds that the conditions for a sim - plified notification are not met, the NCA must inform the parties within ten working days of receipt of the notification. The timeline for review of simplified notifications is in principle the same as for standard notifica - tions (see 3.8 Review Process ). The NCA will not commit to a shorter timeframe, but most sim - plified notifications are swiftly cleared, typically within two to three weeks. In situations where a swift clearance is critical for the parties and there are no competition concerns, the NCA may speed up the procedure, but will not commit to an accelerated procedure. If the NCA wants to look deeper into a case initi - ated with a simplified notification, it may order submission of a standard notification, provided it informs the notifying party(ies) within 15 work - ing days of receiving the simplified notification. The NCA’s deadlines are suspended until a com -
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